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Judgment
Anoop Chitkara, J
The present petition has been filed on the identical grounds on which the previous petition bearing No. CRM-M-51176-2021 was filed and decided by this Court on 07.12.2021 with automatic recall order.
Instead of seeking application for extension of time in the previous order dated 07.12.2021, the petitioner has filed a fresh identical similar petition. Given the express bar of section 362 Cr.P.C., this petition is not maintainable.
At this stage, learned counsel for the petitioner submits that he be permitted to file an application for extension of time in order dated 07.12.2021 vide which he was directed to appear before the concerned Court on 09.12.2021.
Learned counsel for the petitioner has drawn attention to this Court to the medical record which points out that the petitioner was allegedly admitted in the hospital because of which he could not appear.
Given above, it shall be permissible for the petitioner to file an application for extension of time to appear as granted vide order dated 07.12.2021.
At this stage, learned counsel for the petitioner wants to withdraw the present petition with liberty to file an application for extension of time.
The present petition is disposed of having been withdrawn with liberty aforesaid.